Commercial Disputes

These are some of the cases and issues we have acted on in the last first six motns of 2017:

A claim against a commercial insurance broker who failed to ensure that our client's business interruption insurance was suitable for its needs

A Leicester based manufacturer that took on an authorised dealership for a European market leading manufacturer. The European company decided it wanted to open up its own company in the UK. We advised on the legal options available to our client to respond to this threat

A claim by a Saudi based academics who bought an off plan investment property in Devon under a complex scheme. It fell apart and we forced the matter through arbitration proceedings which resulted in our clients getting all of the money they had invested returned with interest and costs

Our client bought a multi million pound business, and protected itself with various warranties and indemnities in the share purchase agreement. We advised on the scope and meaning of those warranties when unexpected costs and problems later arose.

A developer client was sued for unpaid s106 contributions by a local council. We found inconsistencies and problems with the council's paperwork and were able to secure a settlement around one third less than had been originally claimed

A builder that had financed part of a developer's build on the strength of good security in the property. However it turned out that the developer had misappropriated money, leaving the whole project facing signficant shortfalls. We worked with an insolvency practitioner to help maximise the return for or client

A builder who sub contracted some of the build to another company The end client was unhappy with the standard of that work, and refused to pay for it. The sub contractor started legal proceedings against our client. These proceedings settled on the day of trial.

A developer had been put into RBS Bank's “Global Restructuring Group” in 2011. By 2015 the developer had been advised that it had a potential claim against the bank arising from various specific matters that had occurred. By 2017 we entered into a “Standstill” agreement with the bank's lawyers to allow the parties to try to reach a resolution of their dispute outside of the court without our client losing its rights under the Limitation Act.

A long term contract with a local authority under which our client would provide certain services. The council claimed to be able to end the contract so that it would have a free hand and looking at re-tendering. We analysed the contractual history and relationship and advised that the council could not act as it had intended without being in breach of its obligations under the contract.

We act for a social landlord that owns a property adjacent to a council owned park. There is a tree growing on the council's land a very short distance from the wall of the house. Our client obtained expert evidence from a structural engineer and we have been in correspondence with the council. Despite the weight of the evidence the council has not either accepted responsibility or taken any action to protect the house from further damage. We have advised members of the social landlord's management committee about the procedures for taking this forward to court, and the costs and risks of doing so.